This essay explores themes raised by Scott Soames in Chapter Twelve of The World Philosophy Made. Soames’s key contribution is the articulation of a general theory of legal interpretation and more specific theory, Constitutional Deferentialism, that is a form of public meaning originalism. His development of the connections between the philosophy of language and legal interpretation have been especially important and influential.

Experimental philosophy (or “x-phi”) is a way of doing philosophy. It is “traditional” philosophy, but with a little something extra: In addition to the expected philosophical arguments and engagement, x-phi involves the use of empirical methods to test the empirical claims that arise. This extra bit strikes some as a new, perhaps radical, addition to philosophical practice. We don’t think so. As this chapter will show, empirical claims have been common across the history of Western philosophy, as have appeals to (...) empirical observation in attempting to support or subvert these claims. While conceptions of philosophy have changed over time, across these changes we find philosophers employing empirical methods in pursuing their philosophical questions. Our primary aim in this chapter is to illustrate this fact. We begin by discussing the relevance of history to experimental philosophy (Section 2), then offer a necessarily condensed and highly selective history of empirical work in Western philosophy, ranging from the ancients (Section 3), to the early moderns (Section 4), to the late moderns (Section 5), and on to the present (Section 6). (shrink)

This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.